Judgment of the Court of First Instance (Fourth Chamber) of 10 September 2008 – Astex Therapeutics v OHIM – Protec Health International (astex TECHNOLOGY)
(Case T-48/06)
Community trade mark – Opposition proceedings – Application for the Community figurative mark astex TECHNOLOGY – Earlier Community word mark ASTEX – Relative ground for refusal – Likelihood of confusion – Restriction of the goods designated in the trade mark application – Article 8(1)(b) of Regulation No 40/94
Community trade mark – Definition and acquisition of the Community trade mark – Relative grounds for refusal – Opposition by the proprietor of an earlier identical or similar mark registered for identical or similar goods or services – Likelihood of confusion with the earlier mark (Council Regulation No 40/94, Art. 8(1)(b)) (see paras 70-72)
Re:
ACTION brought against the decision of the Second Board of Appeal of OHIM of 29 November 2005 (Case R 651/2004-2) concerning opposition proceedings between Protec Health International Ltd and Astex Therapeutics Ltd.
Information relating to the case
Applicant for the Community trade mark:
Astex Therapeutics Ltd
Community trade mark sought:
Figurative mark astex TECHNOLOGY for goods in Class 5
Proprietor of the mark or sign cited in the opposition proceedings:
Protec Health International Ltd
Mark or sign cited in opposition:
Word mark ASTEX for goods and services in Classes 5 and 24
Decision of the Opposition Division:
Registration refused
Decision of the Board of Appeal:
Appeal dismissed
Operative part
The Court:
1.
Dismisses the action;
2.
Orders Astex Therapeutics Ltd to pay the costs.
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